Patna High Court
Md. AshrafversusThe state of bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Regular bail was denied to the petitioner.
Summary
The petitioner, Md. Ashraf, applied for regular bail in a case alleging child trafficking and exploitation of minors under Sections 143 of the Bharatiya Nyaya Sanhita, 2023, Section 79 of the Juvenile Justice Act, and Sections 3 and 14 of the Child Adolescent Labour (Prohibition and Regulation) Act. The prosecution presented prima facie material indicating his involvement in transporting three minor boys from Raxaul Railway Junction to factories in Mumbai. The court noted the seriousness of the offences and, relying on the Supreme Court’s decision in Pinki v. State of Uttar Pradesh (2025), held that bail could not be granted. Consequently, the bail application was rejected and the trial was directed to be concluded within six months. The judgment expressly limited its observations to the bail application and did not opine on the merits of the underlying case.
Issues considered
- Whether regular bail can be granted to an accused involved in child trafficking and exploitation under the specified statutes.
- Whether the presence of prima facie evidence and the gravity of the offences preclude the grant of bail.
- How the precedent set by Pinki v. State of Uttar Pradesh (2025) applies to the present bail application.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 143
- Juvenile Justice Act — s. 79
Subjects
- regular bail
- child trafficking
- juvenile justice
- child labour
- serious offences
- prima facie evidence
- Supreme Court precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22153 of 2026
Arising Out of PS. Case No.-2 Year-2026 Thana- RAXAUL RAIL P.S. District- West
Champaran
======================================================
Md. Ashraf S/O Kalam Darji @ Md. Kalam Gadddi @ Md. Kalam Darji
Resident of village - Badharwa, P.S- Jitna,Dist- East Champaran
... ... Petitioner/s
Versus
The state of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sharad Kumar Verma
For the Opposite Party/s : Mr.Ram Naresh Ray
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 09-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Raxaul Rail P.S. Case No. 02 of 2026 registered for the offence
under Sections 143 of the Bharatiya Nyaya Sanhita, 2023,
Section79 of the JJ Act and Section 3/14 of the Child
Adolescent Labour, (Prohibition and Regulation) Act. of the
Indian Penal Code.
3. As per the prosecution case, the petitioner, along
with co-accused, was involved in child trafficking and the
exploitation of minors for labor. The petitioner was found with
three minor boys at Raxaul Railway Junction, and they were
being taken to Mumbai to work in various factories.
Patna High Court CR. MISC. No.22153 of 2026(2) dt.09-04-2026
2/2
4. The petitioner is in custody since 09.01.2026. The
allegations against the petitioner are serious and grave in nature.
There exists prima facie material against the petitioner
indicating his involvement in the commission of the offence.
5. Considering the aforesaid facts and circumstances
of the case and the law laid down by the Hon’ble Supreme
Court in the case of Pinki Vs. State of Uttar Pradesh, 2025
SCC OnLine SC 781, this Court is not inclined to grant regular
bail to the petitioner.
6. Accordingly, this application for regular bail stands
rejected. The Court below is directed to conclude the trial at the
earliest, preferably within six months.
7. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. This Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Shishir/-
U T
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